complete their presidential preference polls solely by mail because of this debate by the dnc over the order in which states will go. iowa's results for democrats will be announced march soth. and a heads up -- march 10th. our coverage continues next week, the new hampshire primary will take place january 23rd. "fox news sunday" will be on the road again live from bedford, new hampshire, next sunday is. that's it for today. thank you for joining us. ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪ ♪.

mark: hello america i am mark levin this is "life, liberty & levin" sunday. you may have heard again the iowa caucuses start tomorrow. that is the official kickoff to the republican primaries leading to the general election. there is a lot of coverage and i am glad there is. one of the things that relates to our election whether it's iowa or the rest of our states in the general election is a monumentally outrageous interference in the selection by joe biden personally, by his surrogates at the department of justice, and is a party member in the judgeships the unelected prosecutors and that would be unelected jurors should there be trials in these democrat cities it is a disgrace the likes of which we have never experienced in america and he talks about democracy. of course he has destroyed what is a constitutional republic which is one of the reasons this

man must be defeated. all of this talk he has not interfered, up and down if you heard but i had to say on last nights program but i want to follow that up with what is going on in the circuit court in washington. mark, what does this have to do the election? everything. right now they have co- mingled law enforcement and the constitution. and criminal statutes with the electoral process. you could no longer discuss one and not address the other. because they are undermining our voting system they are undermining our constitutional system. it was not supposed to be this way. this issue that is before the circuit court and was argued last week which is amazing because the circuit court panel the three judges two of the three decided they wanted to have an emergency expedited hearing over the issue of

presidential immunity or more specifically whether a former president has immunity from indictment for activities that took place while he was president. a very important issue. are going to walk us through it in plain english but i also want to expose was going on here. two of the three judges on this panel are radical left-wing democrats the worst of the bunch was appointed by biden. the worst of the bunch was appointed by biden. let me tell her about her. her name is judge a florets with the help of a real journalist, julie kelly, she wrote so read f the information point of the judges on the three judge panel hearing oral arguments from trump's appeal when she is an obama appointee denying the generate six case. i will explain this immunity so you understand momentarily. but let's first look at the figures. pam is made to max spira democrat activists and what deep

antagonist but he claimed that tthejudge's husband, he observea cabin on lewd behavior el he reported to the fbi and said it during kavanaugh's hearing. and they just lied about kavanaugh but regionally featured this guy in the film that criticized the fbi investigation to various claims including his. a long time washington d.c. fixture has friends in high places. take this from the "washington post" in 2021 quote one of the first hearings took over the sensitive lawsuit carter page against the fbi. justice department several former officials alleging they unlawfully surveilled and investigated him during the fbi russia probate. d.c. veteran offered to recuse herself saying she is friends with a lawyer for defendant lisa page. page.

a former fbi attorney. judge said she is known pages arattorney the former justice department lawyer amy jeffries for 27 years pete see the incestuous nature of all of this, i tendered her wedding and met page at a party. he is married to a d.c. circuit court judge chris cooper appointed by obama. merrick garland officiated the wedding. isn't d.c. cute says julie? three judge panel are supposed to be randomly selected. it's oddly seated on unusually high percentage of consequential political cases involving trump among others. she was on both i will repeat both a panel to arguments on appeal related to 1512 section of the code. obstruction of official proceeding this is very controversial. those charges brought against trump they have read but that of the jack smith was appointed in the first place he does that all the time he rewrites statue

sometimes the judges slept and down, sometimes they don't. he was the decisive two -- one judge in both this is the polling that apartments use of the post- enron statute. her lead opinion and i use that term and fisher versus usa is now under review by the supreme court of the united states and she has more to say about her brain ha is been assigned to several panels for appeals filed by generate six defendants. just last week denied the appeal of alfred who is that? he was convicted by washington d.c. jury of four misdemeanors and sentenced by judge shokin 12 months in prison. he must've done something hardly bebad in a concurring opinion te panel including him agreed to the following the trial evidence indicated that during alfred's brief time is never violent nor destructive would confirm his convictions that could

rationally find it on authorized president in the capitol part of unruly mob contributed to disruption of the electoral certification and jeopardize public safety. he was inside their 11 minutes roaming around absolutely nothing. let's get to the subject. you opinion's an issue both concluded absolutely not one was written by the office of legal counsel the brain trust under the nixon administration the other was written under the clinton administration. this first opinion over half a century has been adhered to by every subsequent administration. that is that must not and cannot indict a sitting president. what do they say? the 2000 opinion confirming the 1973 opinion says this for the house and senate are appropriate institutional actors to consider the competing interests favoring an opposing a decision.

the present and the nation to a senate trial perhaps remove all congress is structurally designed to consider and reflect the interests of the entire nation. individual members of congress must ultimate account for their decision to their constituents. by contrast the most important decisions in the process of criminal prosecution would lie in the hands of unaccountable jurors deliberating in secret perhaps influenced by a regional or other concerns like an democrat cities. not shared by the general policy guided by a prosecutors only indirectly accountable to the public. not elected, that is for sure. extraordinary power to initiate a proceeding that could remove the president. one of only two constitutional offices elected by the people the president and the vice president. lace the responsibility of elected officials of congress. in other words you cannot have

an unelected prosecutor, and elected attorney general, and an unelected judge and potentially an unelected trial jurors decapitating the executive branch which was put there by the majority of the american people. it would be inconsistent they write with a carefully considered judgment on it unelected grand jury and prosecutor effectively to remove a president by bringing criminal charges against him while he remains an office. walmart, that is all well and good but donald trump is not in office he is a former president, stick with me. thus the constitution is not a particular indictment in criminal prosecution of a sitting president. julie impinge upon his ability to perform his public duties. a more general concern is a sitting president would affect the underlying dynamics. of profound necessarily on predictable ways by shifting at

awesome power to unelected persons. lacking explicit constitutional role vis-à-vis the president. so given the momentous political consequences to the nation at stake there is a fundamental, structural, incompatibility with the ordinary application of the criminal process and the office of the presidency. but again market is not present stick with me they write in part that separately reconsidered whether the constitutionally immunity extend only to criminal prosecution and confinement but not to to indictment itself what they are saying is give you an diet a sitting president and then hold the criminal trial process and so forth after he leaves office? they said no we believe the better view is the one advanced by the department in 1973. a sitting president simeon from indictment as well from further criminal process. with the president is concerned, only the house of representatives has the

authority to bring charges of criminal misconduct or constitutionally sanctioned process of impeachment. okay, plain english. the point is that an indicted president, and guided by unelected individuals within the criminal justice process, has an indictment hanging over his he head. that indictment is problematic when he is dealing with members of congress when he is dealing with law enforcement. when he is dealing with foreign nations. it could have monumental consequences including unintended consequences they said no he could not have that hanging over his head. okay now the trump case. what about indicting a president after he leaves office actions you claim he took while president? first about what actions of the claim he took as president? not insurrection despite with that media sate despite what biden says in fact trump was found not guilty it was

adjudicated under the impeachment process or constitutioourconstitutional prd not guilty. and he is not even charged with insurrection by the rogue prosecutor jack smith in fact nobody has been charged with insurrection of anybody who has gone into the capitol building and peacefully and on peacefully. nobody despite the propaganda ear from biden and the others. the biden administration has created this issue, why? they have brought for phony charges and its donald trump having nothing to do with violence. nothing to do with insurrection or sedition. the clan act the obstruction charges and a federal contractors fraud charge. preposterous and yet they raise this to a constitutional level that can forever change the presidency. you are president of the united states and you have to make decisions some of them are very difficult. some of them are decisions of first impression. some are very complex. you have to make these decisions

and many of them are unique. and at that moment you are going to have to look over your shoulder and wonder if a future administration, particularly the administration of the party office it opposite is going to u after the fact. presidential immunity is fine while your president. but if your president you have to worry about being indicted when you leave office for your official acts. in this case trump was indicted in found innocent at in this case trump is charged with four charges that have nothing to do with january 6. that is concocted and be rich in statutes that have been applied to generate six to try to get trump. think about the precedent that sets. no, you cannot indict a sitting president they argue. note, you can and not indict the sitting president and say we will carry out the prosecution later because that cloud is still over his head. but this is even worse because it is completely unpredictable. you are a sitting president.

you take actions, you believe they are legal and after the fact you have an attorney geneattorneygeneral appointed be opposite party. you have a prosecutor, a rogue prosecutor like the case of jack smith but you have a president like biden who keeps urging them to charge trump he has committed an insurrection he is sent that message over and over again publicly if not otherwise. you will forever destroy the office of the presidency and make decision making almost impossible. and to underscore the point quickly this judge why did i mention her? because last week she was the most aggressive in questioning trump's lawyers. the most radical and preposterous. she posits a hypothetical what if the president of the united states orders the seal team six to assassinate his political opponent? charges only make such a clown's comments with such extreme examples if they are radical and

if when it comes along the constitution they really don't have a substantive position. that is not the case in front of this court. the case in front of this court is a former president who made decisions that he believed were legal. a former president who was impeached but found innocent. a former president who has been subjected and targeted by the existing administration at the urging of joe biden. or after joe biden made those demands both in the "new york times" and otherwise they'd dust off a statute in enron statute and of federal statute charge of that is what is before this court not a sitting president ordering the execution of a candidate opposite her hypothetical underscores the outrageousness of what is going on and yes this is crucially important for so many reasons.

and if it is not, the office of the presidency will be we can forever that is bad for you and me. that has an impact on the election all this was done to try to impact and interfere with the election. and to get joe biden reelected. i will be right back.

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mark: welcome back america. it's my understanding according to service if you can believe them the two big issues for the american people are the economy and how it is affecting their individual lives and not well. immigration, the open board i want to talk about the economy with our good friend steven moore he's at the heritage foundation he's an economic advisor to president trump. you know steven moore i see a huge disconnect between the biden and the media i what people are experiencing their font buying food when they're going to the gas station when they're trying to buy a car as if they burp out these statistics everything is great

and the diners of the places i go to art really pressed what do you make of all this? looks like americans are feeling financially stressed out. they are angry you see that at the grocery store you see it at the gas pump. the economy is better than it wasn't 2021 and 2022 when biden took the emplacement rate from 1.6% under trump all the way to nine-point to% inflation rate has come down but it is still a huge financial issue for americans who just cannot pay their bills. now, let me give you one statistic that tells the whole story and the reason why think donald trump will be elected the next president. if you look at the median family income people write in the middle of the income spectrum, those households gained about $6000 in income above inflation when trump was president. under biden and his first three

years in office the average family has lost between 2000 $500. that is a big change. a 6500-dollar swing from the trump years to the biden years i think americans also have a big problem right now with the fact that their wages are not keeping up with the inflation rate. and so what are americans doing? you know this. we have a trillion dollars of credit card debt. everyone is fleshing out their plastic right now because their incomes are not keeping up with their salaries that is the reason why i think people keep telling the pollsters the economy is not good and everybody in washington is saying the economy is good. mark: plus talk about the kitchen table issues as they call them. five drive through a fast food essay chick-fil-a because i am on this diets my wife wants me too live it's a funny things from trying to lose some weight. when i got there chick-fil-a i get the broiled chicken i am

thinking to myself my god, if i'm trying to feed a family of five just one meal whether it's chick-fil-a, mcdonald's, wendy's, burger king i don't blame them at all. you have these massive minimum wage requirements just for the product they have to get you so supply chain problems. you can't get out of chick-fil-a by spending nine or 10 bucks per person for fast food that's 40, 50, $60 for the average family. they feel that in washington is not doing anything to help with their hurting it. >> are exactly right. the official inflation rate since biden came into office us about 20% that is to say on average everything costs on average 20% more but if you look at the essentials that people have to buy i am talking about their food, food and grocery up

to 25 -- 30% what about ghastly of the pump? that's up 35 -- 40% how about mortgages mortgage payment and rent? those are 40 -- 50%. so these statistics are incredibly misleading the cost of buying a computer has gone down that is a good thing. but the essentials of people have to buy working-class americans those continue to rise. by the way biden lies about thie sea keep saying prices are falling. no, prices are not following us just like they are not rising as fast as they were two years ago. but they continue to go up every time people go to grocery stores in the gas pump. mark: when we come back my question to you is this, what about all of the regulations trying to prevent people from buying automobiles that use the combustion while? trying to change out all of household appliances? whether it's an hvac system and air conditioning whether it's gas ranges and so forth driving up the cost of production

driving up the cost of product to the average person today going forward. what about that? is that figured into the great “bidenomics” economic explosion? we will be right back.

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levin." >> will come back america but were talking to steven moore with the relationship of the economy to the voters consider one concern amount. we went to ask about the regulatory activities, the war on energy what does that do to the average person? >> first about mark the fact the left and the biden administration want to basically come after every single virtually every single electric

utensil you have in your home they want to go after your gas stove they want to go after your air-conditioning for they went to go after you home heating sy. they want to go after the lawn more they want to go after your leaf blower. these people are crazy. what ever happened to keeping the government out of the bedroom and kitchen? i'm don't forget they also want to get rid of your gas car even though 90% of voters said they don't want electric vehicle at the car dealers cannot sell the electric vehicles but the government is going to tell the car manufacturers and the consumer you have to buy an electric vehicle in the people don't want them. this is a huge cost of the economy and i want to make another point to have you heard of something called net zero, mark? >> text zero carbon? >> net zero basically says were going to get rid of our fossil fuels come our oil, our gas, our coal did you know 80% of our energy today comes from oil, gas, and colder going to eliminate that? we are going to have brownouts

and blackouts all over this country like california. the price of electricity and energy is going to go to the roof. this is going to have an extraordinarily negative impact on the american family. mark: here is something that is perplexing. if you are attacking those resources the fossil fuel sources and so forth most of our electricity comes from his fossil fuels it doesn't come from solar panels or windmills are all the rest. they do not have a bridge between gasoline and electric electricity. always shoot point out brownouts and blackouts, isn't california ground zero for all this stuff? isn't that why people are leaving in droves and going to other states because of the unpredictability of that economy the unpredictability of energy availability? blackouts, brownouts, even days are days and all the rest in a state that used to be a reagan estate they used to be the most vibrant economic state in the

entire country fo for. >> as exactly right they've got to the point in california under gavin newsom they're going to start having to ration electricity they are going to tell you when you have to turn your lights off for the going to tell you what you set your thermostat at at yes if joe biden's reelected president is going to do that for the whole nation you are going up "big brother" coming in and dictating every area of your life. you talk about gasoline costing $100 a barrel your home heating costs will go up. and look, energy is most important resource of all. we have more oil, gas, coal than any country in the world. why is it were not using it? we could create jobs, reduce our budget deficit or trade deficit be less reliant on countries that hate us. i think biden is playing right into the hands of our biggest enemies on this planet. before they are thrilled to joee biden is present they are thrilled john kerry is speaking carbon not just dioxide but monoxide as he travels the world and so forth.

and the big lie is carbon dioxide is not a pollutant. it has never been a pollutant. >> and by the way even if it were a pollutant due to what country in the world is emitting by far the most carbon dioxide and monoxide comic china three e times as much as we are. find mark do you think for one minute present she and china cares about climate change? >> know he cares about america change is fundamental change in america that biden, obama, michelle obama all the rest of them is pushed for is happening right now. you know steven moore you and i are old enough to river the nixon years and so forth. we were praying for energy independence we achieve energy independence under donald trump and we have these economic suicide politicians who are destroying our economy from within. isn't that it's really on the ballot? >> it is a guarantee of donald trump is reelected president and

i think he will be there appointed not just be energy independent will be energy dominant and he is our oil, our gas, our coal, or nuclear power, everything with got to retain an economic superpower status and reduce costs for americans families and increase jobs. what is not to like? what's is called capitalism and they hated. steven moore went to thank you very, very much great god bless you keep up the good work my friend. >> thank you mark. >> we will be right back

♪ ♪. mark: welcome back america. you, being a boater or a caucus a participant in iowa tomorrow, you have told the world that immigration is a very, very crucial issue to you. it does not seem to be to joe biden sewed nobody better than our friend steven miller. just how badly has joe biden destroyed our border, immigration, our national

security and all that goes along with it within our culture and society? note nation and modern history that i can think of has self-inflicted wound is so graven so deep is what joe biden has done to our border. the events that are happening on our border typically take place after suffering a crippling military defeat. in other words to lose territorial sovereignty, territorial integrity to that degree. job that fully erased up a border normally would have to be prefaced by loosing a major military conflict to the point where your army for him battered into submission. all of this has been done voluntarily, willfully, deliberately. there are some numbers we all know they have apprehended about 8 million illegal aliens.

the vast majority of them are released into the country. we know there is at least another 2 million or so cutaways. it's another group we don't know anything about which are the unknown seas are individuals that do not come up on sensors. we do not have intelligence across the border that's an even larger number that i would assume they don't gotta waste now you are looking at well over 10 million illegal aliens from over 150 different countries during a jus just a three year . the whole state of montana is 1 million people so where the effewere theeffects of this on ? what you note mark this is been your life's work. how hard is it the traditions and values of constitutionalism? how much work is involved in erasing up any one individual person in this way of thinking? now we have 10 + million people who are not schooled or trained

in our constitution, and our system of government, and our way of life first act upon entering the country as a woelfel commission of a crime. a crime continued every day thereafter based on social security numbers, working illegally, stealing identities and evading law enforcement every single step. soon i have a situation where the countries being changed socially, culturally, constitutionally and nearly irrevocable ways then you look at the impact on our public school system. we have school districts that have a dozen, two dozen, three dozen different language being spoken were students who already behind because of the pandemic cannot get the instruction, the care they need then you have housing costs spiraling out of control struggling to keep up because these individuals are coming in and out of nowhere and all the senate where they going to live? were they going to sleep? was a roof over their head? a safety component give an open door to the criminal cartels and gangs every foreign getting every transnational gang in this

country could now bring an unlimited number of additional recruits to replenish their ranks. i get you, mark have worked in a background in criminal justice understand to put one gang member in prison requires how many hours of investigation? how many search warrants? how many wiretaps? a jury trial how much work to get one gang member in prison? five, six, seven years of work of the government to one person behind bars for it one day on joe by its open border it you can bring in 10, 50, 100, 500 brand-new recruits to backfill. then you look at the impact economically. a stable middle class middle-ce essence of the american dream and the essence of a stable american society. when you have millions of low-wage workers who are unskilled, who often times are not literate in their own language is coming into a job at market you drive down wages, working conditions and job opportunities for everybody

including recent immigrants who have arrived illegally in the past five or 10 years sit out they are not joining the middle-class children a or chilt joining the middle class this creates enormous instability economic instability, social instability, cultural instability what those that void? that's when the democrats come in with the welfare state that's when the democrats come in with a re- distribution and socialist economics and teaching people to hate the very system that they entered into in this country. albeit criminally in this case. so in every sense it breaks down the pillars, the rafters, the structures holding up american society. when of course mark that is all by design. mark: this beautifully put in frightening. steven miller, discuss the somewhat with victor davis hanson last night. and we both said of course this is not replacement theory this

is replacement reality. marxists and other leftists on college campuses professors have written about this. they condemn the white europeans for settling this country. on that white europeans are actually the illegal aliens and every other person in the world particularly in our hemisphere who wishes to come to the united states are the indigenous people. so why do biden, the democrats and the media pretend they're not doing what they are doing? if they are doing something else to the mind explaining it to us? because i cannot even think of another rationale for allowing over 10 million foreigners in this country. most of whom are not vetted and that many of whom are dangerous for. >> mark, once again the events t exactly the right question. is there another explanation? of course there is not another expedition if there was they would be saying they be saying no, we have a very

straightforward reason for releasing on demand any illegal alien who shows up in our border and their still sending them to their destination city of court choice. therapist (i grew up in southern california and i can't remember from the age i was in high school especially that the left talked openly about the fact that they sought mass illegal immigration as a social justice endeavor. to reduce the voting and economic power of the descendents of the people who founded and settled this country and to bring in people that were the victims in their minds eye of european colonialism and european conquests and western expansionism. they were very open about this and have been for so many years. and so you will just have to excuse me for being outraged to now have major corporate media figures saying as some kind of conspiracy theory there is some demographic or other goal to having a wide open border.

they have been saying it for years this is not a disparagement of any individual migrants or any individual person of whatever country they may come from it is a simple statement of fact about the world in which we are living. we are living in the world in which the democratic party believes that it will be more powerful well into the future if it imports. mark: when we come back steven miller my question to you is a little bit in the prediction business, the iowa caucuses are two more republitomorrow republs follow from there. do you think voters are caucus goers who say they have this at the forefront of their minds are going to have this at the forefront of their minds and should have this at the forefront of their minds? we will be right back. to duckduckgo on all your devie

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mark: welcome back america. steven miller first legal founder a fantastic group. old confession here my wife worked there at one point spewed have to confess to the sinks the most absurd thing o in the worl. but none the less just fairly quickly speak of the voters of iowa and the voters in the future. why this should remain i front f mind when they vote when they go to caucuses. quick simply put because you cannot fix any other problem unless you first fix the border. you cannot have a functioning healthcare system with an open border. you cannot have a functioning education system with an open border. you cannot have safe communities which is the basis for economic opportunity and thriving and economic development you cannot have any of those things without a secure border you certainly cannot have national security without border security. so unless we fix this we are

just living in a fantasy world if we think we are going to get healthcare right in texas right in education policy right on any other public policy right until you first establish and reestablish american sovereignty which is why i am so proud of the fact that under president trump we established a template for how you do that. remain in mexico detain and deport. zero entry, zero asylum fraud and a complete and total shutdown of anyone trying to enter the country illegally. mark: is that it also true steven miller the way they create districts you don't just count citizens is and it also true that democrat cities, more and more are trying to illegal aliens to vote in local elections and then federal electioelection so isn't it trus is an entire democrat party a marxists scam to destroy the

nation from within? isn't that was going on here? >> tha quickset is such a perfectly way of putting it there in theory i believe is that the numbers become so large and they make the demands for citizenship so overwhelming they believe the american people will break and given to those demands they will begin to normalize that as you mentioned by allowing noncitizen voting as they are doing. also to birthright citizenship converting their children to citizens for them become a lobbyist for amnesty for the parents and family members and also of chain migration to bring in other lobbies for amnesty. and then as you mention congressional apportionment also takes into account the illegal alien population. the sates that ha states that ht illegal aliens, they will get the most seats in congress, disenfranchising americans further. this is all thought through with all deliberate. it's all planned by the left and the goal is ultimately to break down the will and the result of the american people.

to beat them into submission so they will then say mercy you can have what you want you can all get amnesty you could all get citizens and this american experiment as we know it will be over. >> to marxist professors overwhelm the system that's exactly they're doing. stephen miller thank you and i will say courage because you come under a lot of attack and your brilliance on this subject and others. god bless you my friend for. >> god bless you, thank you

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the sovereignty of the country, defending the economic system, who care about what goes in them classrooms and so forth and sod forth. this is not a game. i know many news organizations,a any commentators, who is up and down, i don't give a -- you make a decision at the caucus and the rest of you, caucuses and conventions, straight up primary voting, you don't need to be influenced by the christie's and the romney's and all the rest oc it. the influence by your own independent thinking of what you see going on around the country. conservativism here that is the winner. i will see you next time on "life, liberty & levin." ♪ ♪ >> trey: good evening,k thank you for joininyog us i'm trey gowdy and it is